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DUTIES ACT 2001 - SECT 607

Application of amendments about concession for transfer duty—residential land

607 Application of amendments about concession for transfer duty—residential land

(1) The relevant provisions, as in force on 1 September 2008, apply to dutiable transactions only if liability for transfer duty arises on or after 1 September 2008.
(2) The relevant provisions, as in force immediately before 1 September 2008, apply to a dutiable transaction that is the transfer, or agreement for the transfer, of residential land made on or after 1 September 2008 if—
(a) the transfer or agreement replaces a transfer, or an agreement for the transfer, that included the land and was made on or after 1 July 2008 and before 1 September 2008; or
(b) the transferee had an option to purchase the land, or the transferor had an option to require the transferee to purchase the land, granted on or after 1 July 2008 and before 1 September 2008 and exercised on or after 1 September 2008; or
(c) another arrangement was made on or after 1 July 2008 and before 1 September 2008 the sole or main purpose of which was to defer the making of the transfer or agreement until 1 September 2008 or later so the concession for transfer duty under the relevant provisions, as in force on or after 1 September 2008, would apply in relation to the dutiable transaction.
(3) In this section—

"relevant provisions" means the following provisions—
• chapter 2, part 9, divisions 2 and 3
• chapter 2, part 14, division 1
• schedule 4A.



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